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ORDER OF THE MINISTER OF HEALTH OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2019 No. KR DSM-155

About approval of Rules of determination of the private partner and the conclusion of the agreement of public-private partnership in the field of health care

(as amended of the Order of the Minister of Health of the Republic of Kazakhstan of 30.04.2021 No. KR DSM-37)

According to subitem 2-1) of article 23 of the Law of the Republic of Kazakhstan of October 31, 2015 "About public-private partnership", PRIKAZYVAYU:

1. Approve the enclosed Rules of determination of the private partner and the conclusion of the agreement of public-private partnership of health care.

2. To provide to department of investment policy of the Ministry of Health of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Health of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order submission to Legal department of the Ministry of Health of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Health of the Republic of Kazakhstan.

4. This order becomes effective from the date of its first official publication.

Minister of Health of the Republic of Kazakhstan

E.Birtanov

Approved by the Order of the Minister of Health of the Republic of Kazakhstan of December 31, 2019, No. KR DSM-155

Rules of determination of the private partner and conclusion of the agreement of public-private partnership of health care

Chapter 1. General provisions

1. These rules of determination of the private partner and the conclusion of the agreement of public-private partnership in the field of health care (further - Rules) are developed according to subitem 2-1) of article 23 of the Law of the Republic of Kazakhstan of October 31, 2015 "About public-private partnership" (further - the Law) and establish the procedure of determination of the private partner and the conclusion of the agreement of public-private partnership.

Chapter 2. Procedure for determination of the private partner of public-private partnership in the field of health care

2. Determination of the private partner in the field of health care is performed in the way:

1) tender, including in the simplified procedure and with use of two-stage procedures. Tender by determination of the private partner is performed by the closed method concerning objects which list is determined by the Government of the Republic of Kazakhstan according to article 6 of the Law;

2) direct negotiations.

3. Initiatives of development of PPP in the field of health care have public character and are implemented according to regional perspective plans of development of infrastructure of health care.

4. The procedure for carrying out tender and direct negotiations with the potential private partner, registration of results of tender and results of direct negotiations with the potential private partner are established according to the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 725 "About some questions of planning and projects implementation of public-private partnership" (it is registered in the Register of state registration of regulatory legal acts at No. 12717) (further - the Order No. 725), except as specified, the these rules established by Items 4-1 and 4-2.

4-1. Determination of compliance to criteria on republican projects of public-private partnership is performed according to the criteria established by Items 1, 3 Techniques of selection of the state investment project, the Minister of national economy of the Republic of Kazakhstan approved by the order of December 5, 2014 No. 129 "About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments" (registered in the Register of state registration of regulatory legal acts at No. 9938).

Qualification selection on republican projects of state private - partnership for the purpose of determination of compliance of the potential private partner to qualification requirements, the stipulated in Clause 32 Laws, is carried out in the following procedure:

1) on compliance to the requirements established by subitems 1), 2), 3), 4), 5), 6), 7) of article 32 of the Law, in time no more than 5 (five) working days from the moment of the termination of term, stipulated in Item 136 Orders No. 725;

2) on compliance to the requirements established by the subitem 8) article 32 of the Law, in time no more than 5 (five) working days from the moment of introduction by the potential private partner of the corresponding document package who is brought after receipt of the notification on approval of the business plan to the project of PPP.

Results of qualification selection are drawn up in the form of the conclusion of the authorized person (the organizer of direct negotiations) about compliance or discrepancy of the potential private partner to qualification requirements.

Industry expertize of the business plan on republican projects of public-private partnership is carried out in form of the Industry conclusion according to appendix to these rules.

4-2. On the projects of public-private partnership of the special importance providing creation (reconstruction) and (or) operation of health care facilities including concessionary projects, the additional (special) qualification requirement about experience (experiment of one of founders (participants)) of projects implementation on construction or operation technically of difficult health care facilities is imposed to potential private partners, concessionaries or founders (participants) of the new legal entity (consortium) founded for the purpose of project implementation.

Chapter 3. Procedure for the conclusion of the agreement of public-private partnership in the field of health care

5. The organizer of tender or direct negotiations brings to the relevant regional branch of Non-commercial joint-stock company "Fund of Social Medical Insurance" information on the assumed state obligations regarding the guaranteed amounts of consumption of medical services, costs of rates for closing date of the agreement of PPP (the minimum or maximum values), conditions on required services and rates on the planned projects of PPP.

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